YourTour Legal notice

GENERAL TERMS AND CONDITIONS OF USE OF YOURTOUR SERVICES

PREAMBLE:

You have logged on to the "Personal Tour Planner" service of YOURTOUR.
This communication is intended to give you information about our website and the services associated with it and on the general conditions of use of our services.

We invite you to read the following provisions carefully.

To access the YOURTOUR services, you must agree on these conditions and all their provisions.

The use of the site, after taking knowledge of these terms and conditions of use, allows a definite assumption of your agreement.



Definitions :

Natural Digit:


The term "Natural Digit" stands for the limited company called Natural Digit having its head office in 7000 MONS - Belgium, Rue des Capucins 12 / 5


YOURTOUR:

The term "YOURTOUR" refers to the original and innovative process called YOURTOUR, created by Natural Digit S.A. including among other components a calculation engine and the site attached thereto and which serves as an interface with the user.


User:

The term "User" means any person who uses the site or any service offered on the site.


Program:

The term "program" refers to a set of raw data provided by the YOURTOUR calculation engine including non-validated information about tourist services and related activities, which may be useful to the user in order to make up his/her own trip.


Providers:

The term "provider" means the official in charge of the service or activity for which data are made available on YOURTOUR.


User Content:

The term "user content" means the data sent by the user to the various sections of the website.


Member:

The term "member" means a user logged on to the site.


Identification (ID):

The term "ID" covers the information needed to identify a user on the site for accessing member-only areas.


Password:

The term "password" means the confidential combination which the user must keep secret, enabling him, together with his ID, to prove his identity.



Article 1: Presentation of YOURTOUR

YOURTOUR services and brand are operated by the company called Natural Digit S.A. whose corporate purpose is "to supply goods and services related directly or indirectly to the assistance in decision making, management or organization of travels, for businesses, individuals, associations or other private or public entities."

Postal address:
Natural Digit SA
Rue des Capucins 12 / 5
7000 MONS
BELGIUM

Name:
Natural Digit S.A.

Company N?
BE 0846.492.670


The company called Natural Digit is not a travel agency and therefore, is not subject to the provisions of the Law of 16.02.1994 on the travel organization agreement and the intermediary travel contract. It does not charge any fees to the users of its site.

This website is made under the responsibility of the site's WEBMASTER.

This site and its database are being hosted on the servers of the company called AMAZON Web Services LLC, whose headquarters are located at P.O. Box 81226, Seattle, WA, 98108-1226, USA.

All necessary security measures are being provided by the host.




Article 2: Purpose of YOURTOUR's intervention


The service offered by Natural Digit and called YOURTOUR, based on customized criteria established in advance by the user itself, aims at extracting and providing data on the existence and availability (dates, prices, schedules ...) of tourist services and activities (accommodation, transport, activities) in order to support the user in his/her search for a personalized program and providing an easy access to another supplier who can make the reservation of specific selected services.

The YOURTOUR process is characterized by an original calculation engine generating service proposals accounting for the characteristics of the user's request and such, in a fully automated and immediate way, matching the criteria determined by the user with databases of raw and/or processed information, useful in the planning of a trip.

In the event that the information released by the calculation engine are useful and satisfy the user, he/she can validate it, after which he/she will be redirected to another service provider, namely BOOKING.COM BV registered in the Netherlands, Weteringschans 28 / 4, 1017 SG AMSTERDAM, with which the user can contract, if he wants.

The user is explicitly reminded that Natural Digit SA does not participate in the reservation or possible future payments.

The service is limited to the information provided and, after validation and upon agreement of the user, to the access granted to another supplier independent from Natural Digit.




Article 3: Important specifications - User Information

In light of the specific service made available by YOURTOUR to the user, Natural Digit recalls that:


1.Natural Digit is not responsible for the content of databases which it has a right to access and which are analyzed by its calculation engine. These databases were created by third parties, including by BOOKING.COM or by consulting public data.

The information obtained by searching these databases, whether it be schedules, activity evaluations, geographical locations, travel time, the description of activities and services, prices, ... are provided without any commitment concerning their validity, with all reservations and purely as information in order to support a decision-making process.

Natural Digit does not validate and therefore does not engage its responsibility for the accuracy of information received by extraction from the consulted databases (see Article 3, Section 5 and Article 8).


2. The data provided are, at least in part, information provided by service providers (hotels, activities...).

These data must be validated by the user and are subject to update by the providers themselves.

There can be seasonal or cyclical changes related to decisions by the provider.

Approximations or errors committed by providers, the lack of any update or unilateral change by the provider is never the responsibility of Natural Digit.


3. The photographs decorating the website are given as illustrations and not as informative, advertising or contractual data.

Natural Digit is in no way responsible for these photographs.


4. Prices shown to facilitate the assessment by users are converted into euro or other currencies.

This conversion is made for informational purposes and has no contractual value.

The local currency is the only applicable one and should be subject to verification by the user before any commitment with another supplier.


5. The user is required to carry out himself the verifications after obtaining the raw data from the calculation engine.

We hereby recall that the service is only a decision support tool.

The user is invited, after using YOURTOUR, to carry out his own check regarding the content and updated status of the provided data before validating the suggestions and before being redirected to another supplier which, with the agreement from the user, can handle the reservations.

The responsibility of Natural Digit can in no way be pursued on the basis of information content as this is public information, and freely accessible on the Internet.

Natural Digit can not be held liable for any direct or indirect, material or immaterial damage, that the user may suffer and resulting in any way from data transmitted or the use that was made of it.


6. In any case, the program is freely chosen by the user at his will after using the decision support service YOURTOUR.

The user is responsible for the selection and timing of the program he wished to follow, and whether or not and how he chooses to follow it.

The services and activities selected and their combination are solely the user? responsibility.


7. With validation of one or more suggestions from the analysis by the database calculation engine and after verification by the user of the accuracy of data and determination of his choice in a program that suits him, the user may wish to be oriented to the provider BOOKING.COM, which grants access to an online reservation system.

The booking and payment system is fully managed by the company BOOKING.COM, even though for the facility, the site YOURTOUR is used as a vector.

The user is notified that he must take note of the conditions of use of BOOKING.COM and can not make reservations unless he expressly states to accept the terms of use of BOOKING.COM services.

The user expressly states that he/she is fully aware that Natural Digit does not operate and is not responsible for the booking and payment system.


8. It is recalled that Natural Digit is by no means the agent of the user and can not engage its responsibility on that account.



Article 4: Access to service


4.1.

The service is available for free to any user with Internet access.

All costs associated with accessing the service, whether for hardware, software or Internet access are exclusively supported by the user.

The user is solely responsible for the smooth functioning of his/her equipment and proper access to the Internet.


4.2.

The website is used at the risk of the user.

Natural Digit is only responsible for its own actions, excluding all actions carried out by users using YOURTOUR services.


4.3.

Users agree to use YOURTOUR only under the proposed services, as described in Article 2.

Users expressly refrain from using YOURTOUR for sending commercial or unwanted messages (SPAM) to other users or third parties.

Users will not use YOURTOUR to send content unrelated to the proposed services and / or whose legality is totally or partially questionable.

Users commit themselves to respect the rights of personality, privacy and intellectual property rights of third parties.


4.4.

Some sections of the website are reserved for members after identification using their ID and password.


4.5.

Natural Digit reserves the right to deny access to services, unilaterally and without prior notice, to any user violating the abovementioned conditions.


4.6.

Natural Digit implements all reasonable means at its disposal to ensure quality access to its services, but is not subject to any obligation to reach that goal.

Natural Digit can, furthermore, neither be held responsible for any malfunction of networks or servers or any other event beyond its reasonable control, hampering or degrading the access to services.


4.7.

Natural Digit reserves the right to interrupt, temporarily suspend or change without prior notice, access to all or part of the services, for maintenance purposes, or for any other reason, with the interruption producing no right to any obligation or compensation.





Article 5: Intellectual rights



5.1.

Intellectual property of YOURTOUR content and support is protected by copyright.

Natural Digit holds full intellectual property rights on the website and the content it has created (text, photographs, illustrations, images, logos...) and has a right to use the content that it has not created.

The content reproduced on the website being protected by copyright, its reproduction or distribution without express written permission from Natural Digit, constitutes an infringement punishable by penalties.



5.2.

The calculation engine used for YOURTOUR services is the subject of a patent application.



5.3.

YOURTOUR and Natural Digit are trademarks of Natural Digit. Any unauthorized reproduction of trademarks, logos and distinctive signs constitutes an infringement punishable by penalties.





Article 6: Users' transfer of rights and guarantees



6.1.

The user is solely responsible for the user content he/she places online via YOURTOUR as well as for text and / or opinions he/she formulates.

He commits itself not to publish data which could cause a prejudice to the legitimate interests of any third party and could violate any rights of a third party, including copyright and image rights as well as rules on privacy and the protection of personal data.

As such, the user preserves Natural Digit from any action, directly or indirectly based on these comments and / or data that could be brought by anyone against Natural Digit.

He pledges in particular to take responsibility for the payment of any amounts arising from the legal action of a third party against Natural Digit, including attorney's fees and court expenses.



6.2.

The user assigns expressly and freely all intellectual property rights to Natural Digit relating thereto including the right of reproduction, representation and adaptation for the legal duration of the copyright protection.



6.3.

Natural Digit reserves the right to delete, change and / or adapt all or part of the user's content, at any time and for any reason, without prior warning or justification.

The user can not lodge any claim in this regard.





Article 7: Privacy


7.1.

Natural Digit respects the right to privacy and treats personal data with great care.

The information received from the user allows us to provide the best personalized decision support service.

The personal details are not in any way transferred or sold to third parties without permission of the user.

Users can at any time consult their personal data contained in our Natural Digit file.

If the user wants to delete its data from the Natural Digit file, he can inform Natural Digit of it by e-mail or by post.



7.2.

Personal data provided will be transferred, after authorization by the user, on BOOKING.COM for the reservations requested by the user and after validation of knowledge and conditions of use of BOOKING.COM.





Article 8: Limitation of Liability




8.1.

YOURTOUR is an information and decision support site on possible services related to tourist activities.

The purpose of YOURTOUR services (Article 2) and its limits (Article 3) have been submitted to and accepted by the user.


8.2.

The information published on YOURTOUR's website and suggestions from the reconciliation of data provided by the user with information available on the Internet from sources deemed reliable.

However, Natural Digit can not guarantee the accuracy and relevance of such data.

In addition, the information made available on this site is only given for informational purposes and does not in any way constitute advice or a recommendation of any kind.

These are only suggestions to be validated by the user.

Accordingly, the use of information and content available on the entire website could never engage Natural Digit's responsibility, in any capacity whatsoever.


8.3.

The user is solely responsible for the proper use with discernment and a critical mind of the information and data made available on the website.


8.4.

Furthermore, the user agrees to indemnify Natural Digit for all harmful consequences directly or indirectly related to the improper use of the service.




Article 9: Restricted access


9.1.

Accessto certain sections of the website YOURTOUR requires an ID and a password.

The password chosen by the user is personal and confidential.

The user agrees to keep the password secret and not to disclose it in any form whatsoever.



9.2.

The use of ID and password on the Internet is at the user's risks.

The user can take all necessary steps to protect his/her own data against any attack.



9.3.

Natural Digit nevertheless commits to implement all necessary means to ensure the security and confidentiality of transmitted data.

The user is informed that one or more cookies containing no personal information can be placed on your hard drive to ensure its identification.

The user admits knowing the limitations and constraints to the Internet and, as such, recognizes the impossibility of a full guarantee concerning secure data exchanges.

Natural Digit can not be held liable for damages arising from the transmission of any information, including that of her ID and / or password via the services.




Article 10: Hyperlink



YOURTOUR offers hypertext links to websites published and / or managed by third parties.

To the extent that no control is exercised over these outside resources, the user acknowledges that Natural Digit assumes no responsibility for the provision of these resources, and can not be held responsible for their content.





Article 11: Third party licence



11.1.

This website contains elements for which Natural Digit holds the operating license rights.

The reproduction, for any purpose whatsoever, and dissemination are prohibited, unless specifically authorized in writing by the copyright holder and the licensee.



11.2.

The texts, maps, images, logos... of the 1000 French attractions, for which Natural Digit has obtained an operating license, are available from the S.A. Place des Editeurs S.A..



11.3.

In accordance with our contractual obligations, we inform you that:
We and our content providers have tried to integrate this website information as accurately as possible. However, those are provided "as is" and we can not accept any responsibility for any loss, damage or inconvenience suffered by any person arising out of such information. Before you travel you should verify the critical information (such as those on visa, health and safety, customs and transportation) with the relevant authorities.





Article 12: Newsletter


The user is informed that by registering his profile on YOURTOUR, he is likely to receive a newsletter by e-mail, published by Natural Digit, informing him of YOURTOUR's developments and including information which might be useful to him.

The user specifically agrees to receive this newsletter automatically.

If he no longer wishes to automatically receive the newsletter, he is free to unsubscribe by changing his profile stored on YOURTOUR.



Article 13: Entire Contract


These General Terms and Service Conditions express the entire obligations of the parties.

No general or specific condition provided by the user can be integrated in these provisions.

The fact that Natural Digit does not protect itself against a failure by the user to respect any obligations contained in the present agreement, can not be construed as a waiver of the obligation in question.




Article 14: Force majeure


Natural Digit's responsibility can not be engaged in case of any event depending on force majeure or independent of his will.




Article 15: Evolution and change in the conditions of use


Natural Digit reserves the right to change the terms, conditions and notices of this agreement at any time.

The user is invited to review the latest conditions, available on the site www.yourtour.com.




Article 16: Applicable law and jurisdiction


Only Belgian law is applicable to all rights, obligations and services to which these general conditions apply, and on the service performance and conditions of use.

The Courts of the judicial district of Mons (Belgium) have exclusive jurisdiction to settle any dispute between parties on the use of YOURTOUR.

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